The Longshore and Harbor Workers' Compensation Act (LHWCA) protects maritime employees who are injured or develop occupational illnesses while working on navigable waters or in adjoining areas like docks, terminals, shipyards, and harbors. Since 1927, it has filled a crucial gap—covering workers who don't qualify as “seamen” under the Jones Act and who aren't protected by state workers' compensation laws.
As one of the busiest maritime hubs in the country, Houston is home to thousands of longshore and harbor workers who keep the Port of Houston and Gulf Coast commerce moving. With operations on such a massive scale and too many companies putting safety on the back burner, accidents happen—and when they do, the claims process can be complex. Local cases often involve overlapping federal and Texas laws, making it critical to work with a Houston longshoreman injury lawyer who knows how to navigate both systems. At Arnold & Itkin, we know how to uncover every available source of compensation and meet strict deadlines. We fight to ensure our clients receive the full benefits they deserve.
As longshore injury lawyers, we serve workers in Texas, Louisiana, Alabama, and nationwide. Call (888) 493-1629 today for your free consultation.
About the Longshore & Harbor Workers' Compensation Act
The Longshore & Harbor Workers' Compensation Act is a cornerstone for providing benefits to maritime workers who are not protected by the Jones Act, which specifically serves seamen. The LHWCA encompasses a wide range of maritime roles—longshore workers, harbor workers, shipbuilders, ship repairers, and shipbreakers. These essential workers keep supply chains moving through the United States' ports, making strong legal protections crucial.
One of the key features of the LHWCA is its comprehensive coverage, which includes medical benefits, compensation for lost wages during periods of disability, and rehabilitation services aimed at assisting injured workers in returning to employment. Medical benefits under the Act cover all necessary medical, surgical, and hospital treatment associated with the work-related injury or illness, including the cost of travel required for treatment. In cases of permanent total disability or death, the Act provides for additional compensation to the worker's family or dependents.
The Longshore and Harbor Workers' Compensation Act also outlines specific procedures for the filing of claims and the resolution of disputes. The Office of Administrative Law Judges conducts formal hearings in cases where disputes arise over the entitlement or amount of compensation, ensuring that workers' claims are adjudicated fairly and impartially.
In addition to the core provisions of the Act, several amendments and extensions broaden its reach. The Defense Base Act, Outer Continental Shelf Lands Act, and Nonappropriated Fund Instrumentalities Act all expand LHWCA coverage to additional classes of workers, protecting employees on military bases, outer continental shelf projects, and those paid through nonappropriated fund instrumentalities of the Armed Forces. This ongoing evolution allows the LHWCA to serve more maritime and adjacent workers, both in Houston and nationwide.
The LHWCA Is Critical for Houston Longshore & Harbor Workers
The Port of Houston is one of the busiest in the nation, moving hundreds of millions of tons of cargo every year. Behind that volume are thousands of longshoremen, crane operators, riggers, and other maritime workers who keep the port running. These jobs are dangerous—often involving extreme heights, massive loads, heavy machinery, unpredictable vessel movement, and exposure to hazardous materials. When accidents happen, they can leave longshore and harbor workers facing serious injuries, long recoveries, or permanent disabilities.
State workers' compensation doesn't usually cover maritime employment, which means injured longshoremen can't rely on the same benefits other Texas workers receive. That's where the Longshore and Harbor Workers' Compensation Act comes in. It ensures that longshoremen, harbor workers, and other eligible maritime employees have access to medical care, rehabilitation, and a portion of lost wages—regardless of fault— after a work-related injury or occupational illness.
Key benefits of the LHWCA for Houston maritime workers include:
Coverage for medical treatment, rehabilitation, and wage replacement after a qualifying injury.
Protection regardless of fault, even if the worker's own actions contributed to the incident.
Death benefits for family members of workers killed in dock, harbor, and port accidents.
Legal protections that apply to injuries sustained on navigable waters or adjacent areas.
In a port as complex as Houston's, where multiple employers, contractors, and vessel owners operate side by side, the LHWCA provides a critical safety net.
Longshoremen's Rights Under Maritime Law
Longshoremen in Houston work in one of the busiest, most high-pressure ports in the United States. Operating massive cranes, forklifts, and other heavy machinery in close quarters with vessels, cargo, and other workers creates constant risk. Federal maritime law recognizes these dangers and provides specific rights to help protect the men and women who keep Houston's shipping industry moving.
This includes the right to benefits under the LHWCA for non-seamen injured while working in navigable waters or at harbors, terminals, and docks. Longshoremen also have the right to seek LHWCA benefits, report work injuries or unsafe working conditions, and participate in LHWCA or OSHA investigations without fear of retaliation (such as termination, demotion, or other harmful acts).
Longshoremen may work in a field with inherent dangers, but their employers are still obligated to minimize hazards through proper training, protective gear, safety processes, equipment maintenance, and more. The right footwear and anti-slip surfaces can address slippery decks. Spotters, trained operators, and strict safety procedures can prevent incidents involving cranes and forklifts. Proper guarding, lockout/tagout procedures, and maintenance can prevent machinery and equipment injuries. The list goes on.
OSHA and the National Maritime Safety Administration work together to enforce safety standards and provide training resources for marine cargo handling. These protections are vital in a port environment where a single lapse in procedure can cause a catastrophic accident, and the responsibility is on employers to comply.
In addition to LHWCA benefits, injured longshoremen may bring third-party claims against anyone other than their employer or a co-worker who contributed to their injuries:
Vessel owners or operators whose negligence created dangerous conditions.
Manufacturers of defective equipment used in loading or unloading.
Contractors or vendors responsible for unsafe cargo or faulty work.
For longshore and harbor workers, these rights can make the difference between partial benefits and a full recovery that covers lifelong care and all financial losses. An experienced Houston LHWCA attorney at Arnold & Itkin can identify all potential sources of compensation, ensure deadlines are met, and fight to hold every responsible party accountable.
The LHWCA Claims Process in Houston: What to Expect
Filing a claim under the LHWCA can be complex—especially in a high-volume maritime center like Houston. The process involves strict deadlines, specific documentation, and coordination with federal agencies and, in some cases, local port authorities. Missing even one step can delay benefits or put an entire claim at risk.
After a longshore accident in Houston, the claims process may go as follows:
Employer Notification
The first stage involves notifying one's employer. Under the LHWCA, injured workers generally have 30 days to report an accident or illness after it occurs, or after realizing it was caused by their work. Because accidents at port terminals often involve multiple parties, from equipment operators to shipping companies, this initial report is a critical part of building the record that will act as the foundation for their LHWCA claim (or third-party lawsuit).
Filing an LHWCA Claim
From there, the claim must be filed with the Division of Longshore and Harbor Workers' Compensation (DLHWC), which operates within the U.S. Department of Labor's Office of Workers' Compensation Programs (OWCP). The DLHWC will review the case, collecting documentation such as medical records, witness statements, and employment history. In Houston, LHWCA claims may also involve coordination with the Port Authority or other local entities.
LHWCA Disputes
If an employer or insurer disputes an LHWCA claim, the matter may move to an informal conference or a formal hearing before an administrative law judge. At this stage, the process becomes more adversarial, with employers and insurers often represented by teams of lawyers who may seek to reduce or deny benefits.
Payment of Benefits
When a Longshore and Harbor Workers' Compensation claim is successful, benefits are usually paid every two weeks and include two-thirds of the worker's average weekly wage, along with necessary medical care. In the case of a fatal longshore accident, dependents may also be entitled to survivor benefits.
905(b) Negligence Claims
In addition to standard benefits available under the LHWCA, injured longshoremen and harbor workers in Houston may have the right to file suit against the vessel owner under Section 905(b). These claims may arise after injuries caused by negligence, such as failing to maintain safe equipment or overlooking dangerous conditions on board. 905(b) claims allow for the recovery of damages not typically covered by the LHWCA, such as pain, suffering, and other losses.
Other Sources of Compensation
While the LHWCA provides necessary protections and compensation for injured harbor workers and longshoremen, it does not cover 100% of an injured worker's lost wages. It also does not take into account pain and suffering, emotional trauma, and other losses or injuries that can profoundly impact a worker and their family.
A skilled longshore accident attorney in Houston can consider other potential sources of compensation, such as a third-party lawsuit. This opens the door to additional monetary damages and a more stable future.
Receiving Disability for Breathing Problems Developed in a Shipyard
Workers in Houston’s shipyards face high exposure risks to industrial chemicals due to proximity to petrochemical plants and dense shipping lanes. These environmental factors mean shipyard workers frequently encounter hazardous substances like asbestos or chemical fumes, which can lead to lung-related illnesses. If you start experiencing symptoms such as a persistent cough or shortness of breath, seeking immediate medical attention is vital—both for your health and for laying the groundwork for an LHWCA claim. Strong documentation linking your illness to job conditions can bolster your case for compensation under the guidance of an experienced longshoreman injury attorney in Houston.
If your illness was a direct result of your occupation or working environment, you may be entitled to LHWCA benefits. These protections ensure workers suffering occupational diseases receive medical care and income benefits in addition to support for their families.
Shipyard environments are full of hazards, ranging from toxic chemicals and welding fumes to dust and particulates. The amount of time exposed and the specific environment can impact the severity of any breathing issue. As a shipyard worker, even if you do not regularly serve on vessels, you may qualify for compensation under maritime law. If you develop a breathing problem, contact a doctor immediately for assessment and to establish a clear link between your symptoms and workplace conditions.
Prompt medical intervention and accurate records can greatly impact benefit eligibility and the success of your claim.
Longshoring Is Dangerous, But That Doesn't Excuse Accidents
Longshore work is inherently risky—equipment malfunction, safety lapses, and inexperience can cause serious, sometimes life-changing, accidents. Even though heavy machinery and bustling terminals present many hazards, Houston longshoremen have the right to expect a safe workplace. When the unexpected happens, knowing your legal rights and working with a trusted longshoreman injury attorney is critical to recovery. These rights are even more important because of the nature of your work.
As a longshoreman, you have specific legal protections under the law, including:
You have the right to benefits for medical care and lost earnings without having to prove negligence or fault.
You have the right to report a work injury and seek benefits without facing punishment from your employer.
You have the right to file a lawsuit if a third party was responsible for your longshore accident.
Make sure your rights are protected to the fullest by involving a Houston, Texas longshore injury lawyer at Arnold & Itkin. We represent longshoremen nationwide.
Types of Longshore Injuries
Longshoremen are at risk of catastrophic injury when equipment malfunctions or their employers are negligent. This may include brain and spinal cord injuries, loss of limb, broken bones, internal organ damage, severe burns, crush injuries, and near-drowning. Some of these injuries leave lasting physical and emotional scars. Some claim longshoremen’s lives. At , our longshoreman accident attorneys in Houston work tirelessly to hold negligent parties accountable and pursue comprehensive compensation for injured workers and their families.
We approach every case thoughtfully, knowing the impact these injuries have on lives and futures.
Common Longshore & Harbor Worker Accident Causes
Houston’s high-paced port environment, coupled with seasonal weather events such as hurricanes and flash floods, exposes longshoremen to additional risks. Many serious injuries in Houston can be traced to employers who neglect repairs or fail to update safety procedures. Longshoremen with injuries may encounter complex claims involving both LHWCA benefits and Texas tort law. This makes it crucial to choose a Houston longshoreman accident lawyer who understands Texas law, port regulations, and the practical realities of maritime work.
Our Longshore and Harbor Workers' Compensation attorneys help after incidents such as:
Seeking Compensation as an Injured Longshore Worker
If you were injured while working as a longshoreman, you may be entitled to compensation in various ways. You may be able to file a claim under the Longshore and Harbor Workers' Compensation Act, which provides benefits regardless of who was at fault in the accident. Maritime and personal injury laws may also apply to your circumstances, which would help you pursue financial compensation for economic damages and non-economic damages for longshore injuries caused by negligence, intentional misconduct, or defective products/equipment. The right approach will maximize your recovery and help you begin to rebuild your life. Understanding your rights and options can have a profound impact.
Arnold & Itkin's maritime attorneys are leaders in the field. We've won more than $20 billion for our clients and hold record-setting verdicts and settlements for maritime employees in Texas and across the United States.
Why Timely Action Matters After a Longshore Accident
Filing a claim after a longshore accident is a complex process, with strict documentation requirements under both federal and Texas law. Houston’s high cargo volume and rapid turnover can make it extremely challenging to preserve accident evidence or gather statements from witnesses. Engaging a longshore accident attorney in Houston promptly ensures you have the right support to meet deadlines, prepare the strongest claim, and protect your rights. Quick legal action also increases the chance of securing all available benefits.
The LHWCA does not provide automatic compensation, but our team can help. If you have questions about the LHWCA or need help after any maritime accident, contact Arnold & Itkin today. Our longshoreman attorneys in Houston offer step-by-step guidance through complex maritime law procedures and fiercely advocate for your rights.
Third-Party Liability for Longshore Injuries
While the LHWCA provides no-fault compensation for most work injuries, it restricts a longshoreman’s ability to sue an employer. However, you may be able to bring a lawsuit against third parties whose negligence caused or contributed to your accident. This includes equipment manufacturers, vendors, subcontractors, and vessel owners.
Third-party claims for maritime accidents in Houston are often complex. For example, a vessel docking at the Port of Houston might have its own independent crew or vendors, and their negligence could injure longshoremen working onshore. The presence of multiple contractors and entities at large sites requires deliberate legal review. Attorneys who know the nuances of the LHWCA, Texas labor law, and local port regulations can help maximize compensation for Houston longshoremen by uncovering every viable avenue of third-party liability.
Houston's Unique Maritime Environment
Houston, with its extensive port facilities and active shipping lanes, is one of the busiest maritime hubs in the country. The Port of Houston plays a critical role in international trade and commerce, requiring a vast workforce for operations. Longshoremen in Houston are essential to managing the high volume of goods that pass through the port daily. However, the dynamic and sometimes hazardous environment of the port can increase the risk of longshore accidents.
Houston's notoriously unpredictable weather plays a significant role in the safety risks faced by longshoremen. With hurricanes, heavy rain, and high humidity, maritime operations need to frequently adjust protocols to ensure worker safety. High winds and rain can make navigating port spaces hazardous. Extreme weather may also cause equipment malfunctions, increase slips and falls, and necessitate adjustments in cargo loading schedules to prevent accidents. Employers should provide comprehensive training and equipment to manage weather-related challenges confidently.
The unique aspects of Houston’s maritime industry and rapidly changing weather conditions bring specific challenges. These conditions can lead to increased accidents if proper safety measures are not strictly followed. This is where having the support of knowledgeable longshore attorneys becomes indispensable. Arnold & Itkin is committed to serving the Houston community by providing comprehensive legal support for those affected by maritime injuries, aligning with local regulatory standards while advocating for worker rights.
Your Rights Against Employer Retaliation in Houston Longshore Claims
A major concern for many Houston longshoremen is the fear of employer retaliation after an injury report or filing a claim under the LHWCA. Federal law, reinforced by Texas labor protections, prohibits employers from firing, disciplining, or discriminating against employees who exercise their right to claim benefits. In Houston’s tightly knit port community—where longshoremen often work alongside familiar crews—these protections are vital. Workers have the legal right to seek benefits and legal advice after a longshore accident without jeopardizing their employment status or reputation.
At Arnold & Itkin, our longshoreman accident lawyers in Houston empower clients to assert their workplace rights against retaliation. We help you document interactions, provide practical communication strategies, and take swift action if you experience any negative repercussions after a claim. Our goal is to ensure your recovery proceeds without interference, offering guidance and assertive representation if an employer violates your legal protections. Your right to fair compensation and a safe workplace is not negotiable, and we make sure every step is backed by legal counsel.
Call Our Longshore Injury Lawyers for a Free Case Review: (888) 493-1629
Longshoremen and harbor workers who have been injured are capable of recovering medical and disability payments under the LHWCA, as well as compensation for rehabilitation services and other situational costs. However, filing a claim and receiving the full amount of compensation available is not easily accomplished. You need an experienced lawyer who is committed to fighting for your rights regardless of the circumstances. At Arnold & Itkin, we proudly help clients nationwide from Dallas to Baton Rouge, Corpus Christi to Lafayette, and beyond.
Call (888) 493-1629 to talk to a longshoreman injury attorney about the LHWCA, your accident, and your options. We're here to help secure your future and pursue the recovery you deserve.
CommonQuestions
Who Is Covered by the LHWCA?
The LHWCA covers numerous offshore and maritime occupations including harbor workers, shipbuilders, ship repairers, and longshore workers.
For an employee to be covered by the LHWCA, he or she must be injured in a location outlined under the list mentioned above. A non-traditional employee may be covered under the LHWCA if injured on navigable waters.
Who Is Covered Under LHWCA Extensions?
The Longshore and Harbor Workers' Compensation Act (LHWCA) has been extended to incorporate specific beneficiaries. The Defense Base Act (DBA) notably includes private employees situated on U.S. military bases, contractors engaged in public work contracts for the U.S. overseas, those vending military provisions to U.S. allies, and maritime personnel supporting the Armed Services outside the U.S. Meanwhile, the Outer Continental Shelf Lands Act (OCSLA) caters to those working on the U.S. Outer Continental Shelf, predominantly in roles related to natural resource exploration, such as offshore drillers. Lastly, the Non-Appropriated Fund Instrumentalities Act (NAFIA) encompasses individuals who bolster the nonappropriated fund branches of the Armed Forces, roles which may range from counselors to motivational speakers aiding in the morale and wellness of military personnel.
Who Is Excluded from the LHWCA?
Seamen, government employees, intoxicated employees, employees who harm themselves, and various workers covered under state workers’ compensation law are excluded from the LHWCA.
How Does the Jones Act Differ from the LHWCA?
The Jones Act and the LHWCA accomplish the same goal: workers’ compensation for a group of workers. However, the outlined group of employees differ between the two acts. Under the LHWCA, maritime workers who do not “directly aid in the function or mission of a sea vessel” are covered. The Jones Act covers employees who “directly aid in the function or mission of a sea vessel.”
Who Upholds the LHWCA?
The Office of Worker’s Compensation Programs (OWCP) carries out declarations of workers’ compensation cases among employees covered by the LHWCA. In scenarios where claims are denied, LHWCA attorneys who try cases, such as those on our team, can help a claimant seek compensation.
Am I Automatically Covered by the LHWCA as a Maritime Employee?
While you will be covered by the LHWCA automatically as an employee that meets the LHWCA requirements for coverage, you are not guaranteed compensation under the LHWCA. If you sustain an injury while working in LHWCA conditions, you will have to file with the OWCP. OWCP can deny your claim, or your employer can contest it. For these reasons, it is important that you have an LHWCA law firm behind you should your claim be denied.
What Should I Do Immediately After a Longshore Accident in Houston?
Immediately after a longshore or harbor worker accident in Houston, your top priority should be to seek medical attention, even if your injuries seem minor. Report the incident to your supervisor as quickly as possible, since both federal LHWCA rules and Texas workplace procedures require timely notice for a claim to be valid.
Document everything about the accident: time, location, contributing factors, and the presence of any witnesses. Pictures, videos, notes, and saved communication records can all strengthen your case, should you need to pursue compensation.
It is wise to contact a longshoreman accident attorney in Houston early in the process to help safeguard your rights and ensure nothing is overlooked while the evidence is still fresh. Timely legal support increases your chances for full and fair compensation.
How Are Longshoreman Accident Settlements Calculated?
Longshoreman accident settlements are calculated based on various factors, chiefly the severity of your injury, the length of time you are unable to work, your average pre-injury wages, and your expected medical expenses. Under the LHWCA, injured workers typically receive two-thirds of their average weekly wage as compensation. For traumatic or catastrophic injuries, or when a third party shares responsibility, additional compensation may be recoverable through other legal channels.
As longshore and harbor worker injury lawyers with more than two decades in this complex field, we work diligently to uncover every potential source of compensation for every client we represent. Our goal is always to secure a settlement or award that truly covers all of a client's losses and future needs.
Are There Unique Risks or Regulations for Longshoremen in Houston?
Houston is home to one of the busiest ports in the nation, which means longshoremen here face unique risks tied to the sheer scale of operations. Heavy container traffic, massive cargo volumes, and constant vessel movement create an environment where even "minor" safety lapses can lead to catastrophic accidents. Federal rules under the Longshore and Harbor Workers' Compensation Act apply, but Houston longshoremen must also contend with port-specific safety protocols enforced by Port Houston and oversight from local OSHA Houston North and South Area Offices, and even the U.S. Coast Guard.
Strict regulations govern equipment operation, cargo handling, and high-traffic terminal areas, but when they're ignored, workers pay the price. Understanding these risks—and the rights provided under federal maritime law—is essential for longshoremen working along Houston's busy docks.
